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The defense lawyer for Krusik’s complainant claims in the complaint to the High Court that Aleksandar Obradovic’s basic rights are being violated in the proceedings because even after a year, the prosecutor does not allow the lawyer and the accused to become familiar with the evidence. against the accused, writes BIRN.
Lawyer Vladimir Gajić lodged a complaint with the Belgrade High Court due to the decision of the Appellate Prosecutor’s Office to reject his objection filed for irregularities and illegal work of the Prosecutor’s Office for High Tech Crimes and violation of Aleksandar Obradović’s basic rights.
“If even after more than a year since the investigation began, the prosecutor could not allow the defendant and his defense attorney to familiarize themselves with the evidence against the defendant, does that fact evidently lead to the conclusion that the defendants are violated? basic rights of the accused? ” protects not only the Code of Criminal Procedure but also the Constitution itself “, states lawyer Gajić in the complaint sent on 5 November to the preliminary procedural judge of the High Court Darinka Šćepanović, he states BIRN.
On October 16 of this year, Gajić sent an objection to the Appellate Prosecutor’s Office regarding the classification of evidence from the trial against Aleksandar Obradović. He described it as an attempt by the prosecution to “shut the defense and the accused, and that is precisely in relation to the evidence.” In the same complaint, Gajić demanded that the prosecution remove the secret mark from the aforementioned documents.
However, on October 22, the Appeals Prosecutor’s Office issued a decision rejecting said objection. Gajic assesses the fact that the decision was signed by Deputy Prosecutor Ratko Markovic as debatable.
In other words, it says that Prosecutor Ratko Markovic was sent to the Appellate Prosecutor’s Office from the Special Department for High-Tech Crimes and that this “notorious fact” points to the conclusion that Prosecutor Ratko Markovic is not the Appellate Prosecutor, because he was never chosen by the authorities. body in accordance with the Law of the Public Ministry, has already been referred to said prosecutor’s office for other reasons provided for in the law, which may be related to assistance or training in the immediately superior prosecutor’s office.
Of course, there would be no problem if in this particular case it was not a matter of ruling on an objection for irregularities in the work of his immediate superior prosecutor in the Special Department for High-Tech Crimes, Mr. Branko Stamenkovic, in whose department he , Ratko Markovic, is a deputy or subordinate. to his immediate head of the department, “says Gajić.
In the complaint, Gajić writes that in accordance with the provisions of article 104, paragraph 1 of the Public Ministry Law, Deputy Ratko Marković committed a minor offense, because he did not request his exemption from deciding on the complaint filed related to irregularities in the job of the immediate superior prosecutor. Therefore, it violated the principle of impartiality, Gajić estimates.
It also indicates that the prosecution denied the defense the right to know the evidence imputed to the accused, by conditioning the defender to sign the prosecutor’s secrecy order.
“The prosecutor’s motive was actually completely different. That is, he wanted to shut the defense’s mouth. This is especially so if we consider that with the eventual consent, the defense attorney would de facto validate the plaintiff’s claims, which he still has to prove to the court, which is that the documents in the file are a trade secret. What justifies this conclusion is the fact that the prosecutor “declared” 80 percent of the documentation in the file in secret, mainly commercial contracts and export licenses, documents that prove that HK Krušik Valjevo’s business is a criminal act of a large number of people and that therefore it cannot be a matter of business or other types of secrets. “
At the end of the complaint, Gajić concludes that he presented this objection to the investigating judge only so as not to lose the legal recourse available to him to protect the legal interests of the suspect Aleksandar Obradović, “without any hope that our court will be able to surprise with his decision”.
On September 18, 2019, Obradović was arrested at his workplace in the specially built industry factory in Valjevo on suspicion of committing the crime of revealing a trade secret, because he presented documents to journalists showing that the GIM company represented by the father of Police Minister Branko Stefanovic bought weapons from Krusik at preferential prices, about which BIRN wrote in November 2018.
The public was not informed for three weeks that Obradovic had been arrested, until the weekly NIN published the first unofficial information on October 10, 2019, after which BIRN published details of the case.
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